Current through Register Vol. 20, October 18, 2024
Rule 42.18.208 - COMMERCIAL PROPERTY APPRAISER CERTIFICATION(1) An employee seeking to obtain certification as a commercial appraiser must be certified by the department as a residential property and agricultural land appraiser.(2) Training and testing criteria shall be as follows:(a) International Association of Assessing Officers (IAAO) certified training sessions will be offered annually if funding is available and if there are sufficient numbers of field staff who require the course. (b) The employee shall attend the next available scheduled commercial training session after being assigned commercial appraisal responsibilities. Satisfactory completion of the commercial training session shall include successful completion of the written IAAO commercial examination conducted at the conclusion of the commercial training session. If the employee fails to successfully complete the first written IAAO examination, attendance at the next IAAO commercial training session shall be required. Failure to successfully complete the second written IAAO examination may result in immediate termination of employment. The department may choose to demote the employee to a residential appraisal position or a residential/agricultural appraisal position if such a position is available and the individual is certified to perform the duties necessary for that position. The employee will be notified directly of the exam results by IAAO.(c) Employees voluntarily attending training not required for their current position will be required to adhere to all training class rules and procedures and take the exam, but they will not be subject to personnel action for failing to pass the exam.(3) Upon beginning employment with the department as a commercial appraiser, the employee shall undertake a one-year period of on-the-job commercial appraisal work during which time the employee will begin the process of meeting the requirements set forth in (2). For employees new to state government, this one-year period will run concurrently with and in addition to the automatic probation period set forth in department policy 3.1.4. The beginning of the one-year experience requirement will coincide with the employee's notification of being assigned commercial appraisal responsibilities. All work will be supervised by the department. Failure to perform the appraisal work satisfactorily shall result in immediate termination. The department may choose to demote the employee if a position is available and the individual is certified to perform the duties necessary for that position.(4) The department may waive the criteria set forth if sufficient proof is provided within six months of hire that the employee has previously fulfilled such criteria. Specific evidence may include, but is not limited to providing documentation showing that the individual has successfully completed a course of instruction from a professional appraisal and real estate related organization, provided that the organization is a member of The Appraisal Foundation as defined in 37-54-102, MCA. The course must be equal to or greater in complexity than that of IAAO course 102. An employee who is a Certified General Appraiser through the Board of Real Estate Appraisers of the Business and Occupational Licensing Bureau of the Montana Department of Labor and Industry or another state in accordance to the Appraisal Qualifications Board (AQB) may be eligible for a waiver under this section. (5) The department may waive or decrease the length of on-the-job training required in (3) if the supervising manager determines that the incumbent has satisfactorily met the requirement in less than one year(6) Uniform Standards of Professional Appraisal Practice (USPAP) training will be offered annually if funding is available and if there are sufficient numbers of staff who require the course. (a) Employees shall attend the next available USPAP 15-hour training session offered by the department after commencement of employment. Satisfactory completion of the USPAP training session shall include attending the 15-hour course as provided by a USPAP certified instructor.(b) Employees shall attend the next available USPAP 7-hour training session offered by the department within five years of satisfactory completion of the 15-hour training in (a). (c) If an employee has physical limitations, the department may waive their requirement to attend the USPAP training sessions in person. If waived, the employee shall be responsible for thoroughly reading and comprehending the required material. The employee's manager shall verify and document in the employee's personnel file the employee's successful completion and understanding and comprehension of the material.Mont. Admin. r. 42.18.208
NEW, 2003 MAR p. 804, Eff. 4/25/03; AMD, 2006 MAR p. 3101, Eff. 12/22/06; AMD, 2010 MAR p. 2219, Eff. 9/24/10; AMD, 2015 MAR p. 2040, Eff. 11/13/2015; AMD, 2016 MAR p. 1714, Eff. 9/24/2016AUTH: 15-1-201, MCA;IMP: 15-7-107, 15-7-111, MCA